INLAND FISHERIES. 39 



the offence, and the seine, net, pot or other machine so used shall 

 be forfeited. 



Sect. 3. Be it further enacted^ That if any person or persons shall 

 erect any obstruction or incumbrance in or across the said Merrimack 

 River, or in any of the rivers or streams running into the same, or 

 continue such as are already erected, so as to prevent the free passage 

 of the said fish up and down the said rivers and streams, he or they 

 so offending shall forfeit and pay a fine of twenty pounds. 



Sect. 4. Be it further enacted. That no person or persons, from 

 and after the passing of this act, shall at any time catch any salmon, 

 shad or alewives with seines, nets, pots or in any other way, at the 

 mouth or entrance of the aforesaid streams or rivers (or within 

 eighty rods of the same, up such rivers or streams, nor in the mouth 

 of Concord River below Tyler's or Spaulding's mill-dam), in which 

 such fish usually go up to cast their spawn, nor in any pond from 

 which such rivers or streams proceed, nor in any brook or rivulet that 

 run into such ponds ; and any person or persons so offending shall 

 for each offence forfeit and pay a fine not less than thirty shillings, 

 nor more than four pounds, at the discretion of the court before which 

 trial shall be had, according to the aggravation of the offence; and 

 the seine, net, pot or other machine used in catching the same shall 

 be forfeited. 



Sect. 5. Be it farther enacted, That if any person or persons 

 shall fish with a seine or net exceeding eighteen rods in length, or 

 extend more than one seine or net on the same fishing ground, at 

 cne and the same time, he or they shall for each offence forfeit and 

 pay a fine of four pounds, and such seines or nets shall be forfeited. 



Sect. 6. Be it fiirther enacted, That from and after the passing 

 this act, every town in this Commonwealth bordering on Merrimack 

 River, and in which there are any ponds, rivers or streams centering 

 to or emptying themselves into Merrimack River, where salmon, 

 shad or alewives do or would (if not obstructed) go up to cast their 

 spawn, shall at their annual meeting in the month of March or April 

 annually, choose by ballot, at least four suitable and fit persons as 

 fish-wardens, whose duty it shall be jointly and severally to see that 

 this act, and the act for keeping open sluice-waj'S in dams, be carried 

 into effect, and to inform against any person or persons that shall 

 offend against the said acts, and to examine and measure seines and 

 nets used in catching the said fish, and to see that all obstructions in 

 the rivers and streams aforesaid be removed, and to prosecute all 

 breaches of the said acts. And all persons chosen fish-wardens 

 as aforesaid shall be sworn to the faithful discharge of the duties of 

 their office ; and when so sworn, they shall have power to pursue, and 

 they are hereby authorized to pursue and execute the duties of their 



